Author Archives: Jay Butchko
Search Warrant Requirements In Florida
During Colonial times, British officials used blank search warrants, called writs of assistance, to search private property, ostensibly for evidence of smuggling. Of course, there were a number of abuses, especially since these blank search warrants were transferable. So, Congress quickly added the Fourth Amendment to the Constitution. The states quickly ratified this amendment,… Read More »
Challenging The FST Results In A Florida DUI
The National Highway Traffic Safety Administration has approved three Field Sobriety Tests for use in DUI arrests. Although most scientists claim these tests reliably indicate whether the subject is intoxicated, each test has some serious flaws, as outlined below. FST results are critical in both test and non-test DUI prosecutions, so regardless of the… Read More »
Dealing With Aggravated Assault Charges In Hillsborough County
Summertime warm temperatures affect us physically and mentally, according to the somewhat controversial heat hypothesis. We are more likely to lose control of our tempers and lose control of our bodies. Indeed, aggravated assault arrests usually peak in early summer. After a year of lockdowns and partial lockdowns, this effect might be more pronounced… Read More »
Procedural Defenses In Drug Trafficking Cases
At least subconsciously, many Hillsborough County jurors believe that “drug dealers” are the worst kind of criminals. As such, they are anxious to believe the prosecutor’s version of events in these cases, so they can punish these defendants as much as possible. Therefore, a procedural defense based on the Bill of Rights is often… Read More »
Three Quick Ways To Overturn A DUI Checkpoint Stop
Normally, before they detain motorists for suspicion of DUI or any other reason, police officers must have reasonable suspicion of criminal activity. The Supreme Court has watered down this rule to the point that any evidence-based hunch usually suffices. Officers can even erroneously detain people illegally, as long as they had a good faith… Read More »
Endgame: How A Tampa Criminal Defense Attorney Could Resolve Your Case
Most legal disputes settle out of court. In fact, trials resolve fewer than 5 percent of the criminal cases in Hillsborough County. These negotiations are much like any other negotiations, at least in many ways. No one would bargain over the price of a car without knowing some basic supply and demand facts. Similarly,… Read More »
Criminal Battery In Florida: A Closer Look
Florida’s battery law is based on common law battery. But there are a few twists. For example, there are two ways the state can prove a 784.03 case in court. Only one of them requires the alleged victim’s testimony. However, these subsections have some subtle differences that prosecutors often miss. The facts of a… Read More »
Juvenile Sentencing Pros And Cons
A juvenile court judge hears basically the same cases as an adult criminal judge. The resolutions are also mostly the same. About 95 percent of criminal cases, in adult and juvenile court, settle out of court. But juvenile court and adult court sentencing philosophies are different. In adult court, it’s basically all about punishment…. Read More »
Five Common Types Of White Collar Crimes
Most of Florida’s white collar crimes are listed in Chapter 817 of the Florida Annotated Statutes. There are various types of white collar crime. Some of the more common ones are examined below. Yet they all have a few things in common. For example, all white collar crimes are nonviolent financial crimes. However, in… Read More »
Resolving White Collar Criminal Matters
By the late 1970s, a common phrase, “no harm no foul,” was no longer just an expression your parents told your neighbor after you committed a minor mischievous act. This phrase was also a legal defense in some matters, particularly white collar criminal cases. If the defendant makes, or is willing to make, restitution,… Read More »
